Kolkata Court September 1926 Judgments
Collector of Howrah and anr. Vs. Santak Das and ors.
Court: Kolkata
Decided on: Sep-30-1926
Reported in: AIR1927Cal261
Duval, J.1. In this matter the Additional Sessions Judge of Hooghly has made a reference in respect of a proceeding under Section 145, Criminal P.C. It appears that certain sanyasis some years ago planted a banian tree on some land witch is now leased by the Government to the Howrah Amta Railway Company. In course of time a pucca plinth was built round the tree and later on (it is said somewhat recently) further encroachments were made on this land by the Sanyasis by putting up a hogla shed. On the 23rd September last the Chief Engineer of the Howrah Railway Company accompanied by police in the absence of the Sanyasis removed the hogla sheds and their structures recently built and took possession of the land again. It does not appear that they disturbed the plinth, the banian tree or the idols standing on the plinth. On the 25th the Sanyasis returned and with a crowd they proceeded to take possession again of the land on which the sheds stood before and other lands as well and put up a...
Tag this Judgment!Krishna Lal Mitra Vs. King-emperor
Court: Kolkata
Decided on: Sep-29-1926
Reported in: AIR1927Cal946
1. In this case the petitioner was put on his trial before the Sub-Divisional officer of Kalimpong under Section 477-A, I.P.C. on the charge of making false entries with a view to defraud in the Range establishment accounts. These entries are set out in the appendix to the charge; that is the pay bill and monthly cash accounts in respect of Sanman Forest Guard for the months of May 1924, June 1924 and March 1925. The case apparently was that this guard who was no longer in service was entered at a rate of pay in the pay bill and in the monthly cash accounts of those months but as a matter of fact another man was employed at a lower rate of pay for those months as a Forest Guard. The Sub-Divisional officer found the accused guilty and sentenced him to six months rigorous imprisonment and a fine of Rs. 100 on each of the three charges relating to the pay bill. This Rule has been obtained on the ground, that the trial has been vitiated by misjoinder of charges, that there is no evidence t...
Tag this Judgment!Nikunja Behari Mullik Vs. Sm. Usabati Devi
Court: Kolkata
Decided on: Sep-24-1926
Reported in: AIR1927Cal944
Duval, J.1. In this case the Additional Sessions Judge of Hooghly has made a Reference in a proceeding under Section 144, Criminal P.C. It appears that a certain holding was hold by a Sanyasi who disappeared about two years ago and has not been heard of since. It appears that after that the landlord issued and served in the holding a notice through the collector's office under Section 87, Bengal Tenancy Act, to resume possession of the abandoned holding and that on the 3rd June her officers went to the land and took khas possession of the land and the Asram on it. Thereafter one Nikunja Behari Mullik claiming to be a disciple of the Sanyasi who has disappeared filed a petition before the Sub-Divisional Magistrate the next day stating that there was a fear of the breach of the peace if he went to the Asracu again. At first there were certain proceedings forbidding both sides to go near the land under Section 144, Criminal P.C., and subsequently on the 17th June a proceeding was drawn up...
Tag this Judgment!Hamid Ali and ors. Vs. Madhu Sudan Das Sarkar
Court: Kolkata
Decided on: Sep-23-1926
Reported in: AIR1927Cal284
Chotzner, J.1. We are of opinion that this Rule must be made absolute on the first ground upon which it was issued, namely that the judgment of the learned District Judge is not in accordance with law. It seems that the Subordinate Judge drew up an order directing the prosecution of the present petitioner on certain grounds. An appeal was taken from that order under Section 476-B, Criminal P.C., to the District Judge. The learned Judge, however, seems to have regarded the complaint drawn up by the Subordinate Judge as defective and he there fore sent instructions to the Subordinate Judgeto frame a proper complaint more or less in the form of a charge giving the date of the alleged offence or offences, the way in which they were committed (i.e., in the case of the charge under Section 471 the mode of user).and then he goes on to say 'let him send me the complaint in this form' and he then proceeded to state what; apparently was one of the grounds of appeal which wasthat judgment-debtors...
Tag this Judgment!Madari Sikdar and ors. Vs. Emperor
Court: Kolkata
Decided on: Sep-10-1926
Reported in: AIR1927Cal514
1. This Rule raises the important question as to the stage at which an accused person is entitled to be furnished with a copy of the statements of the prosecution witnesses recorded by a Police Officer under the provisions of Section 161 of the Criminal Procedure Code. Section 162 is in these terms:No statement made by any parson to a Police Officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry, or trial in respect of any offence under investigation at the time when such statement was made.2. The first proviso is as follows:Provided that, when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, the Court shall, on the request of the accused...
Tag this Judgment!isaf Nasya and ors. Vs. Emperor
Court: Kolkata
Decided on: Sep-08-1926
Reported in: AIR1928Cal24
Duval, J.1. In this matter a complaint was lodged before the District Magistrate of Rungpore on the 16th February 1926, against certain people of charges under Section 366, I.P.C., and other sections. The complainant was examined on oath, as provided for in Section 200, Criminal P.C., and the Magistrate then passed an order sending the case to the police for inquiry, but adding:The police will see if there is any evidence for the submission of a charge-sheet, and after that they will send it to the Magistrate concerned.2. As a matter of fact it appears that the alleged place of occurrence was within Nilphamari, a sub-division of the Bung-pore District. An inquiry was made by the police, and on the 3rd May, a charge-sheet was submitted to the Sub-divisional Officer of Nilphamari, who thereupon issued a warrant for the arrest of certain accused persons. Certain of the accused subsequently surrendered, and then an application was made to the Sessions Judge to refer the matter to this Cour...
Tag this Judgment!Hemendra Prasad Ghose and anr. Vs. King-emperor
Court: Kolkata
Decided on: Sep-02-1926
Reported in: AIR1927Cal215
1. The petitioners who have obtained the present Rule are the editor, the printer and the publisher of the Bengali newspaper called Dainik Basumati. On the 23rd April 1926 an item headed 'Telegram to the Nakhoda Mosque' was published in a conspicuous position at the top of a column. The petitioners were thereupon charged before the Chief Presidency Magistrate with having committed an offence under Section 153A of the I.P.C. The defence taken was that they published the telegram to draw the attention of the authorities to a piece of information received from a reliable source so that they might trace the persons responsible for the disturbances and find some means of securing peace between the two communities.2. The learned Chief Presidency Magistrates took the view that the publication of this telegram did not fall within the explanation of Section 153A. But having regard to the circumstances of the case he came to the conclusion that it would be sufficient to deal with the petitioners...
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